HOME REPAIR.

Dallas City Code ch. 50, art. X

in effect

Dallas City Code § 50-131 ARTICLE DEFINITIONS.

SEC. 50-131. ARTICLE DEFINITIONS. The definition of a term in this section applies to each grammatical variation of the term. In this article, unless the context requires a different definition: (1) DIRECTOR means the director of the department designated by the city manager to enforce and administer this article or the director’s authorized representative. (2) CONTRACTOR means a person who contracts (whether written, oral, express, or implied) to perform a home repair for another but does not include a person who performs a home repair in the capacity of an employee. (3) EMPLOYEE means a person in the service of another under a contract for hire (whether written, oral, express, or implied) under circumstances in which the employer has the power or right to control and direct the person in the material details of performing the work. (4) HOME REPAIR means the addition, improvement, remodeling, repair, or replacement to an existing single-family or duplex dwelling or to the fixtures, land, or other permanent structures that are part of the premises on which the dwelling is located, and includes, but is not limited to, addition, improvement, remodeling, repair, or replacement of driveways, swimming pools, porches, garages, landscaping, fences, roofs, floor covering, and central heat and air conditioning. Home repair does not include addition, improvement, remodeling, repair, or replacement of removable appliances or furnishings (as illustrated by, but not limited to, stoves, refrigerators, window air conditioners, and draperies). (5) HOME REPAIR LICENSE means a license issued under this article. (6) LICENSEE means a person who holds a home repair license issued to him under this article. (7) OWNER means a person who is entitled under a contract (whether written, oral, express, or implied) to the performance of a home repair. (8) PERSON means an individual, corporation, government or governmental subdivision, agency, trust, partnership, of two or more persons having a joint or common economic interest. (Ord. Nos. 16476; 17226)

Dallas City Code § 50-132 ADMINISTRATION OF ARTICLE.

SEC. 50-132. ADMINISTRATION OF ARTICLE. The director shall administer and enforce this article and may establish such rules, not inconsistent with this article, as he determines are necessary to implement this article. (Ord. 14990)

Dallas City Code § 50-133 ARTICLE CUMULATIVE.

SEC. 50-133. ARTICLE CUMULATIVE. This article is cumulative of other city ordinances and does not affect the operation of other city ordinances applicable to persons or activity regulated under this article. (Ord. 14990)

Dallas City Code § 50-134 HOME REPAIR LICENSE REQUIRED.

SEC. 50-134. HOME REPAIR LICENSE REQUIRED. A person who is not a licensee shall not perform, agree to perform, or advertise or represent that he will perform a home repair for compensation. (Ord. Nos. 14990; 16476)

Dallas City Code § 50-135 LICENSE EXEMPTIONS.

SEC. 50-135. LICENSE EXEMPTIONS. (a) A person who is not a licensee may perform or agree to perform a home repair for compensation if: (1) city licensing of persons engaged in the kind of home repair performed or agreed to be performed is prohibited under state law; (2) he is an electrical contractor or plumbing contractor licensed or registered under city ordinance, and the kind of home repair performed or agreed to be performed is authorized by the city license or registration; or (3) he is an employee of the contractor or owner. (b) This section does not exempt a person from the duty to comply with Sections 50-141 and 50-142 or from prosecution under Section 50-143(a)(2), (3), (4), (5) or (6). (Ord. 14990)

Dallas City Code § 50-136 LICENSE APPLICATION, EXPIRATION, AND RENEWAL.

SEC. 50-136. LICENSE APPLICATION, EXPIRATION, AND RENEWAL. (a) A person may not obtain a home repair license unless he applies for a license in the manner prescribed by this section. (b) Repealed by Ord. 16476. (c) A person desiring to obtain a home repair license shall file with the director a written, verified application on a form supplied by the director containing the following: (1) name, address, and telephone number of the individual filing the application; (2) business or trade name, address, and telephone number of the applicant; (3) form of business of the applicant and: (A) if an unincorporated association, the names and addresses of the associates; (B) if a corporation, the registered name of the corporation; or (C) if an individual proprietorship, the name and address of the proprietor; (4) name and address of an individual designated by the applicant to receive notice issued under this article; (5) signature of the applicant; and (6) such other information as the director determines is necessary to evaluate the license application or to otherwise promote effective administration or enforcement of this article. (d) A licensee desiring to renew his license shall file a written, verified request for renewal with the director. A renewal request must be made on a form supplied by the director, filed not fewer than 10 days before the license expires, and signed by the licensee. The licensee shall furnish with his renewal request such information as the director determines is necessary to evaluate the renewal request or to otherwise promote effective administration or enforcement of this article. (e) Upon the filing of a license application or renewal request, the director shall conduct an investigation to determine whether the following requirements and qualifications are satisfied: (1) the information contained in the license application or renewal request is true; and (2) the applicant or licensee, an individual who is a business associate of the applicant or licensee, or an individual who is a corporate officer of the applicant or licensee, in the applicant or licensee’s home repair business, or a current employee of the applicant or licensee has not been convicted twice in municipal court under Section 50-143 within the two years immediately preceding the date that the license application or renewal request is filed. The time period between conviction in municipal court and final disposition on appeal of the conviction is not included in calculating the two-year period if the conviction is affirmed; and (3) The applicant or licensee, an individual who is a business associate of the applicant or licensee, or an individual who is a corporate officer of the applicant or licensee, in the applicant or licensee’s home repair business, has not had a home repair license revoked within the year immediately preceding the date the license application or renewal request is filed. (f) If the director determines that a license application or renewal request satisfies the requirements and qualifications prescribed by Subsection (e) of this section, the director shall issue or renew the home repair license; otherwise, the director shall deny the license application or renewal request. (g) The director shall within 10 days of the date of application notify in writing a license applicant or licensee requesting renewal, of the issuance of a license, renewal of a license, or denial of a license application or renewal request. In the case of notice of a denial of a license application or renewal request, the director shall include in the notice the reason for the denial and a statement informing the applicant or licensee of his right of appeal. (h) If, after a licensee requests renewal of his license in accordance with Subsection (d) of this section, the license expires before the director acts on the request, the licensee may temporarily operate under his expired license pending the determination of the renewal request by the director, or in the case of an appeal of a denial of a renewal request, pending the decision of the permit and license appeal board. (Ord. Nos. 14990; 16476; 18200)

Dallas City Code § 50-137 LICENSE FEES.

SEC. 50-137. LICENSE FEES. (a) The fee for a home repair license is $117 a year. (b) The fee for issuance of a duplicate home repair license for a license that is destroyed or lost is $20. (c) License fees required under this section are not refundable and are payable to the director upon issuance or renewal of the license. The director may not issue or renew a home repair license before the fee is paid. (Ord. Nos. 14990; 16476; 18411; 18876; 19300; 20076; 26478; 29879; 31332; 32556)

Dallas City Code § 50-138 REVOCATION OF LICENSE.

SEC. 50-138. REVOCATION OF LICENSE. (a) The director shall revoke a home repair license if he determines that: (1) the licensee knowingly made a false representation as to a material matter in a license application, license renewal request, or hearing concerning the license; or (2) the licensee identified himself with a business or trade name other than that filed with the director; or (3) the licensee, an individual who is a business associate of the licensee, an individual who is a corporate officer of the licensee, or a current employee of the licensee, while he was in licensee’s employment, has been convicted in municipal court within a two-year period of two or more offenses prescribed by Section 50-143. (The director shall give notice to a licensee on the date formal charges are filed against an employee of the licensee. If a licensee discharges a convicted employee within one week after his second final conviction, the licensee is not subject to revocation under this subparagraph.) The time period between conviction in municipal court and final disposition on appeal of the conviction is not included in calculating the two-year period if the conviction is affirmed; or (4) the licensee has knowingly subcontracted with or employed, for the performance of work which requires state or city professional licensing or registration, a person who does not have the requisite license or registration, or in the alternative has negligently failed to ascertain the person’s qualifications prior to subcontracting with or employing the person; (5) the licensee knowingly misrepresented the quality or quantity of a material or service: (A) used or rendered in connection with a home repair performed or agreed to be performed by the licensee; or (B) offered or advertised in connection with the licensee’s home repair business; or (6) the licensee knowingly misrepresented the price of a material or service: (A) used or rendered in connection with a home repair performed or agreed to be performed by the licensee; or (B) offered or advertised in connection with the licensee’s home repair business. (b) The director shall notify the licensee in writing of a revocation and include in the notice the reasons for the revocation, the date the director orders the revocation and the date the order is to take effect, and a statement informing the licensee of his right of appeal. (c) A home repair license becomes void on the effective date of notification issued under Subsection (b) of this section, and the licensee shall surrender the revoked license at the demand of the director. However, if the licensee appeals the revocation, the licensee may continue to operate under his license pending the appeal. (Ord. Nos. 14990; 18200)

Dallas City Code § 50-139 APPEALS.

SEC. 50-139. APPEALS. A person may appeal a denial of a home repair license application, denial of a renewal request, or revocation of a license if the person files an appeal with a permit and license appeal board in accordance with Section 2-96 of this code. (Ord. Nos. 14990; 18200)

Dallas City Code § 50-140 NOTICE.

SEC. 50-140. NOTICE. Notice required or authorized under this article must be served on the person to be notified personally or by mailing to the person at the address last-known to the director. Notice to a licensee may be given to a person designated by the licensee to receive notice. The effective date of notice required or authorized under this article is the date the notice is personally served or postmarked, as the case may be. (Ord. 14990)

Dallas City Code § 50-141 REGULATIONS FOR HOME REPAIRS UNDER $500.

SEC. 50-141. REGULATIONS FOR HOME REPAIRS UNDER $500. A contractor who performs or agrees to perform a home repair for a price of less than $500 shall furnish the owner, upon completion of the home repair, a written memorandum (as illustrated by, but not limited to, a work order, invoice or bill) containing: (1) the name and address of the contractor; (2) a description of the home repair performed and materials supplied, stated in a manner consistent with generally accepted local trade practice; and (3) a statement of the price of the home repair that includes each charge incurred by the owner and due to the contractor in connection with the home repair. (Ord. 14990)

Dallas City Code § 50-142 REGULATIONS FOR HOME REPAIRS OF $500 OR MORE.

SEC. 50-142. REGULATIONS FOR HOME REPAIRS OF $500 OR MORE. A contractor who performs of agrees to perform a home repair for a price of $500 or more shall comply with the following regulations: (1) Before beginning the home repair, the contractor shall furnish the owner with a written contract for the home repair containing (but not limited to): (A) the name and address of the contractor; (B) the approximate beginning and ending dates for the home repair job. (This requirement does not prohibit or limit contract provisions providing for contingent delays); (C) a description of the home repair job and materials to be used in the job, stated in a manner consistent with generally accepted local trade practice; and (D) the consideration for the home repair and a statement of the other charges to be incurred by the owner under the contract (as illustrated by, but not limited to, taxes, permit fees, and material costs). (2) Before completion of the home repair, the contractor shall furnish the owner with a written memorandum of any changes in the home repair contract made subsequent to its execution. (Ord. 14990)

Dallas City Code § 50-143 OFFENSES.

SEC. 50-143. OFFENSES. (a) A person commits an offense if he: (1) violates Section 50-134; or (2) violates Section 50-141; or (3) violates Section 50-142; or (4) fails to perform a duty imposed under a home repair contract, without legal excuse or justification, and with intent to violate the contract; or (5) advertises that he is a home repair licensee; or (6) intentionally interferes with the director in the performance of his duty or exercise of his authority. (b) A culpable mental state is not required for the commission of an offense under this section unless the provision defining the offense expressly requires a culpable mental state. (c) It is a defense to prosecution for the offense prescribed by Subsection (a)(1) of this section that the actor is a person who by virtue of Section 50-135 is not required to obtain a home repair license. (d) An offense committed under this section is punishable by a fine of not more than $500. (e) Prosecution for an offense under this section does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. (Ord. Nos. 14990; 19963)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-126572Fetched: 10/26/2026